DEC Officer Report

Application No.: 23/01045/B Applicant: Mr Robert Cowell Proposal: Proposed alterations and extension to dwelling to provide replacement garage and additional living accommodation, together with erection of a detached garden room building to rear garden Site Address: Ben Veg The Colony Port Lewaigue Ramsey Isle Of Man IM7 1AL Planning Officer: Mr Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.01.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The additional residential accommodation within the replacement garage structure, hereby permitted, shall be occupied as ancillary accommodation to the main dwelling at Ben Veg, and shall not be used as a separate dwelling, nor shall it be sub-let or sold without first obtaining planning permission from DEFA Planning.

Reason: The site lies within the countryside in a location where specific justification is required for a separate dwelling, which is unlikely to be approved, as this would be contrary to the provisions of Policies GEN3, ENV15, H15 and H16 of the Isle of Man Strategic Plan 2016.

N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This application has been recommended for approval for the following reason.

It is considered the proposal would comply with policies GEN2, ENv22iii), H15 and H16 outlined in the Isle of Man Strategic Plan (2016); and, the Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside), for the reasons set out in this report, accordingly, it is recommended that the application be approved.

Plans/Drawings/Information;

The development should be carried out strictly in accordance with the submitted details and drawings and stamped received on 19 September, 2023, unless otherwise advised in writing. _______________________________________________________________

Interested Person Status – Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site at Ben Veg comprises a one-and-a-half storey, detached dwelling, which is located immediately to the west of the neighbouring detached dwelling at Greycot; and, to the east of the garage serving Carrick House. Carrick House is a two-storey, detached dwelling which stands in spacious grounds. It is located to the south of Ben Veg and it fronts onto the A15 Hibernia Maughold Road. Both Ben Veg and Greycot are accessed from The Colony which is a private road running north from the A15 to the east of Carrick House. The access drive from The Colony runs past the northern side of Ben Veg leading to its garage. There is also a parking area to the NE side which serves the locality with fields beyond to the north and east. The site lies outside any recognised settlement boundary in a semi-rural location close to the sea, on the south-eastern side of Ramsey.

2.00 THE APPLICATION - 2.1 The Full application proposes alterations and extensions to the dwelling to provide a replacement garage and additional living accommodation, together with erection of a detached garden room building to rear garden. This would involve:

• o The replacement of the existing flat roofed garage on its present site;
• o The erection of a first floor level above the replacement garage roofed over with a pitched roof. This would provide on the ground floor - a garage with an internal vehicle parking space, sitting area with staircase to the first floor; and, a utility room. On the first floor above it would provide a bedroom with partly enclosed balcony on the north side accessed via a pair of fully glazed patio doors within a clerestorey window. It would have a "Q-Railing" balustrades or similar around the balcony with glass panels set in s/s fascia brackets. There would also be an en-suite shower room to the south side of the first floor with a high level apex window in the south elevation;
• o The accommodation would be accessible internally from the dwellings kitchen on the ground floor. No internal connection at first floor level is proposed;
• o The ridge height of the roof over the replacement garage would match that of the main part of the dwelling.

2.2 The detached garden room would be sited in the SE corner of the site within the rear garden area. It would be constructed out of cavity block work and finished in Smooth plain render painted white, with vertically hung natural roofing slates to match existing dwelling roof. The roof would be finished in either rolled lead work or dark grey single ply/fibreglass roof finish with dark grey fascia and soffit boards. The garden room would provide an enclosed room containing no facilities looking out onto the rear garden and rear elevation of the dwelling.

- 3.00 PLANNING POLICIES

3.1 The site lies within an area designated on the Draft Area Plan for the North and West as land not designated for a particular purpose. The site is not within a Conservation Area. The site area is not prone to flood risks; and, there are no registered trees on site, nor is the site is not within a registered tree area. - 3.2 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which guides extensions to traditional dwellings in the countryside. - 3.3 "Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."

"3.4 Paragraph 8.12.2: Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this."

3.5 In addition, Housing Policy 16 advises:

"Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."

3.6 Since the site has an established residential use and the site is within a location with existing properties, it would also be relevant to consider the general standards of development as set out in General Policy 2. - 3.7 Environment Policy 22 advises: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and

• iii) vibration, odour, noise or light pollution."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advice on how to make variations to the floor area of traditional buildings (extensions).

• 4.1.2 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
• 5.00 PLANNING HISTORY

5.1 One previous application affects the site, PA 10/00768/B - Alterations and erection of an extension to dwelling house - permitted - 13/7/2010. - 6.00 REPRESENTATIONS

6.1 Garff Commissioners (11/10/23) comment as follows: "The application was discussed and considered. The consensus being that the changes would not have a significant visual impact. No Objection."

6.2 DoI Highways (22/9/23) comments: "Highway Services HDC has no interest (NHI) in: PA 23/01045/B." - 6.3 No third party or neighbour representations had been received by the Report drafting stage.

- 7.00 ASSESSMENT

7.1 In terms of the demolition of the existing flat roofed garage on the western side of the dwelling, and its replacement ion the same footprint with a new garage with first floor living accommodation above; and, the erection of a single storey garden room in the rear garden area in the SE corner of the plot, the main issues are the principle of the development; the visual impact the proposal would have upon the dwelling and the potential impact including the possibility of overlooking resulting in a loss of privacy and amenity to occupants of the neighbouring property 'Carrick House'.

7.2 The exiting dwelling has been lawfully erected and in principle, the erection of extensions and the addition of a garden room are acceptable subject to the provisions of Strategic Plan Polices GEN 2 - general design and visual impact; and, neighbour amenity implications; and, Polices H15 and H16 relating to extensions to dwellings in the countryside. - 7.3 The design of the replacement garage reflects that of the existing dwelling and in some ways is considered to be an improvement. Whilst taller, given the new pitched roof, it is considered that it would represent an improvement in visual terms over the existing flat-roofed garage, and that it would not compete with the existing dwelling given the separating lower element between the bulk of the main part of the dwelling and the new garage. The use of complimentary materials would result in a good match between the old and new elements. And the overall visual impact is considered to be acceptable. - 7.4 In terms of the use of the replacement garage containing the ground floor sitting area and utility room, with bedroom, outdoor balcony and en-suite bathroom above, it is noted that this is connected to the existing kitchen serving the main part of the dwelling via an internal door and that it is not proposed to have its own kitchen area. It is considered that it would be operated as an extension or guest suite to the dwelling, and that there is sufficient internal

• connectivity for it not to become a separate unit of living accommodation. This element can be controlled via a restrictive condition. This accords with the provisions of Policies GEN2, H15 and H16 of the Strategic Plan 2016
• 7.5 The design and location of the proposed garden room is considered to be acceptable in that it would be screened from the two adjoining dwellings at Carrick House to the south; and, Greycot to the east by existing boundary treatments - hedging to Carrick House; and, fencing to Greycot, which would be retained. In terms of the proposed garden room the neighbouring property 'Greycot' has the potential to be impacted the most. This neighbouring property is located to the east of the application site. The proposed garden room is of limited height and would have solid clad walls where it would be visible from Greycot. It would 'look' out onto the rear garden area of Ben Veg and overall it is considered that it would be neither visually intrusive when observed from Greycot, nor would it result in any loss of outlook, or loss of privacy to occupants of either neighbouring dwelling by being site in its proposed location the SE corner of Ben Veg's rear garden area. This accords with the provisions of Policies GEN2, H15 and H16 of the Strategic Plan 2016
• 7.6 Regarding the potential for any overlooking, the hi-level apex window in the rear elevation of the first floor addition as part of the new garage would serve the proposed en-suite bathroom and is most likely to be obscure glazed. There is also a substantial boundary hedge on the site s rear garden boundary with Carrick House and the replacement garage would be approximately 14 metres from the rear boundary and 28 metres from the rear elevation of 'Carrick House'. Even without such landscaping it is considered given the distance between the two properties, any overlooking/loss of privacy would not arise. There would be no impact on the amenities of occupants of Greycot given the placing of the replacement garage on the side of Ben Veg furthest away from Greycot. Consequently, the proposal from this aspect is considered to be acceptable and accords with both the provisions of Polices GEN2 and ENV 22 iii) in the Strategic Plan.
• 7.7 The design, size, proportions and location of both the replacement garage and new garden room are considered to be appropriate for the dwelling, and acceptable in these locations

- 8.00 RECOMMENDATION

8.1 It is considered the proposal would comply with policies outlined in the Isle of Man Strategic Plan (2016), for the reasons set out in this report, accordingly, it is recommended that the application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 24.01.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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